Loading...
5801ORDINANCE NO. 5 801 AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON-EXCLUSIVE FRANCHISE TO CABCO, INC. DBA CALIFORNIA YELLOW CAB FOR THE PURPOSE OF OPERATING TAXICAB SERVICE IN THE CITY OF ANAHEIM; AND STATING THE TERMS AND CONDITIONS UPON WHICH SAID FRANCHISE IS GRANTED. WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter") establishes procedures for the award of franchises by the City; provides that any person, firm or corporation furnishing the City or its inhabitants with transportation may be required by ordinance to have a franchise therefor; and further provides that the City Council is empowered to grant such franchises and to establish additional procedures and terms and conditions of such grants; and WHEREAS, the City Council has heretofore adopted Section 1.02.010 requiring any person, firm or corporation furnishing the City or its inhabitants with transportation to have a valid and existing franchise therefor; and WHEREAS, the City Council has heretofore adopted Ordinance No. 5765 adding Chapter 4.73 to the Anaheim Municipal Code establishing additional procedures for the granting of franchises for taxicab service in the City of Anaheim and establishing additional terms and conditions of such grants; and WHEREAS, pursuant to findings and determinations heretofore made by the City Council as set forth in said Ordinance No. 5765, Section 4.73.045 of said Chapter 4.73 of the Anaheim Municipal Code provides for the award of not more than three initial franchises for the operation of a total of two hundred and thirty (230) taxicabs within the City (the "Initial Franchises"); and WHEREAS, the City Council has heretofore solicited competitive proposals from interested persons, firms and corporations for the award of the Initial Franchises pursuant to that certain Request For Proposals issued by the City on September 20, 2000 (the "RFP"); and WHEREAS, pursuant to the RFP, the City of Anaheim has heretofore received a written proposal dated October 30, 2000, for a non-exclusive franchise to operate taxicab service within the City of Anaheim (the "Proposal") from Cabco, Inc. dba California Yellow Cab (the "Franchisee"); and WHEREAS, the City Council of the City of Anaheim heretofore reviewed said Proposal, and considered the information presented therein, and in the staff reports and recommendations and other relevant information relating thereto; and is WHEREAS, pursuant to the procedure set forth in Article XIV of the Charter, the City Council did adopt its Resolution No. 2001 R-90 declaring its intention to grant a non- exclusive franchise to the Franchisee for the purpose of operating taxicab service in the City of Anaheim; stating the terms and conditions upon which it was proposed to grant the franchise; and establishing the date, hour and place when and where any persons having any interest therein or objection thereto could appear and be heard thereon; and WHEREAS, notice of said public hearing was published and otherwise given in the manner required by Article XIV of the Charter; and WHEREAS, on June 12, 2001, the City Council commenced the duly noticed public hearing upon said Proposal and the proposed grant of a franchise to Franchisee to operate taxicab service within the City of Anaheim, which public hearing was continued from time to time and was completed by the City Council on December 11, 2001, and at which public hearing the City Council did hear testimony and consider evidence from persons having any interest in the proposed franchise, and did consider any and all objections thereto; and WHEREAS, the City Council hereby overrules all objections to the proposed grant of a franchise to the Franchisee to operate taxicab service within the City of Anaheim in accordance with the terms and conditions and subject to the limitations hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. GRANT OF FRANCHISE. The City Council hereby grants a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab for the operation of 50 taxicabs within the City of Anaheim, and for temporary permits for the occasional or seasonal operation of up to 30 additional taxicabs at such times and upon such dates as specified in the Proposal. SECTION 2. TERMS AND CONDITIONS OF FRANCHISE. The terms and conditions upon which said franchise is granted, and with which the Franchisee is hereby expressly required to comply, are each of those certain terms, conditions, limitations, representations and requirements as expressly set forth in (i) the RFP; (ii) the Proposal; and (iii) the regulations and requirements for the operation of taxicabs as set forth in the Anaheim Municipal Code as amended from time to time (the "Regulations"). The Proposal, the RFP and the Regulations are incorporated herein by this reference as if set forth in full. The aforesaid documents are on file, and available for public inspection, in the Office of the City Clerk of the City of Anaheim during regular business hours. 2 SECTION 3. TERM OF FRANCHISE. Upon timely acceptance hereof, the term of this franchise shall be for a period of five (5) unless earlier terminated under the terms of Chapter 4.73 of the Anaheim Municipal Code. Said franchise shall be extended for one (1) additional year after each of the first five (5) years of the term hereof by the City Council upon request of the Franchisee provided the City Council determines that the franchise has been exercised in a manner consistent with Chapter 4.73 of the Anaheim Municipal Code and with the terms and conditions of such franchise during such one (1) year period. Each annual extension shall be requested in writing by the Franchisee to the Director of Planning of the City of Anaheim, or his or her authorized representative, not earlier than thirty (30) days prior to, nor later than thirty (30) days following the annual anniversary date of the adoption of this ordinance. Failure to request any annual extension within the time period specified shall be deemed a waiver of said annual extension. The term of this franchise shall commence upon the later of either the effective date of this ordinance or the date of acceptance of this franchise by the Franchisee as required pursuant to Section 1403 of the Charter. SECTION 4. INDEMNIFICATION. The Franchisee shall indemnify, hold harmless, release and defend the City, its City Council and each member thereof, and its officers, employees, commission members and representatives from and against any and all liability, claims, suits, costs, expenses, fines, judgments, settlements, charges or penalties whatever, including reasonable attorneys fees, regardless of the merit or outcome of the same arising out of, or in any manner connected with, any, any or all of the operations or services authorized, conducted or permitted under this franchise. SECTION S. INSURANCE. The Franchisee shall provide and maintain in full force and effect during the term of this franchise liability insurance in accordance with the requirements set forth in Section 4.73.180 of Chapter 4.73 of the Anaheim Municipal Code. SECTION 6. CONFLICTS BETWEEN PROVISIONS. In the event of any conflict between any provision of this ordinance and any provision of Chapter 4.73 of the Anaheim Municipal Code, the provision set forth in said Chapter 4.73 shall prevail. SECTION 7. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase or word of this ordinance be declared for any reason to be invalid or 3 unenforceable by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION S. SAVINGS CLAUSE. The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 15th day of January , 2002. ATTEST: r'4 10 A CfFY CLEf& OF THE CITY OF ANAHEIM 42890.1 4 MA OR OF THE CITY OF AN IM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5801 was introduced at a regular meeting of the City Council of the City of k Anaheim, held on the 8th day of January, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS- None ABSTAINED: MAYOR/COUNCIL MEMBERS: ABSENT: (SEAL) MAYOR/COUNCIL MEMBERS: None None CIN CLEA OF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 24, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on _ Date: January 24, 2002' Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp ORDINANCE NO. 580, AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A NON-EXCLUSIVE FRANCHISE TO CABCO, INC. DBA CALIFORNIA YELLOW CAB FOR THE PURPOSE OF 009"TINt9 T S(rcRVIC9 IN THE CITY OF I% NOTHIXTERMS CONDITIONS FRANCHISE IS GRANTED. WHEREAS, Section 14Dp of Article XIV of the Charter of the City of Anaheim (the 'Charter") establishes procedures for the award of franchises by the Cray; provides that any person, firm or corporation furnishing the City or its Inhabitants with transportation may be required by orciinance to heves franct*e therefor; and furtherprovides that the (IW Council is em- powered to grant such franchises and to establish additional procedures and terms and conditions of yuoh grants; and WHEREAS, The Citiyy Cour' has herstofcke,adopted Secljon 1.02.010 requiring say peon, firm or corporation fumish- Ing the City or its inhabitaft esti transportation to have a vaNtt and existing franclihW herefor; and W�•jEFiEa}S the Ci .hes heretoA adppted Ordkiance No. 5�5 ter 4.73 to theAnWwim Wa**- pal Code astab�rehing procedureiltrr the'grantln" 'franchises r taxkW M the City of Anaheim ieltt establishing additional:Mrhna anc�l condition» of such grenb and WHEREAS, pursuant to rinsing ns dtalfelt4oVe made the Council as set forth In said Qrdi nance No. 5765, Section 4.73,p45 weld 5 ' 4.73 of tits ftrhahein. ipal provides for dire asNrd of ryatt IA1ore then three Inbar franohisse for fha,operarort , a torsi of Mo fi rtxfred and�ty M" tataxicabs within the � (tire INlhf Franchises'); and WHEREAS the City Courral has heretofore solicited ve els ted parsons. A�rryua arhd rations for the award the Ir" Franchises pursuant to For " als Issued by thn itdr on ber 20, 2000 (the RFR'); and WHEREAS, pursuant to the RFP, the City of Anaheim hits heretofore riscepropo dda October,00, , 2000, for a non-exclusive franchise to taxdoab service width the a9f 6=0 -ate "PP from Cabeo, Inc. dba Callfomia Yellow. Cab (tha;"frenchisae J ,aril WHEREAS, the Ci Co6rckof�te C,f4y ppffAnWvkn terotofore reviewed said Proposal, and Tie Wftrfdts- tion presented therein, and in $ sta"ICreporte and ilb6oter itendadons and r far Ielwhfrtt irdomreflon �g therston, *W WHEREAS, prudent to i raorsJura ypf fpdh M Article XIV of the Chte*, theV31ly Council did adopt Its ResaWtion No. 2001 R-90 dedarir g* its int to grant a no64eu*m 1mrwhise to th* Frar#fisae for the purpMaVtd' eper�ng .s taxicab service in lite t�ty of Aawlwyhry; xhertns ertd oondidorhe ugcn wThidt truss proposed tthe franchise; aro asTal"t{hs da1s boW and �tla i when W where any Oe sons having arty interest �In or objection thereto could: appear and etMrdfh repo; end WHEREAS, ratite `of said pubik hearing was ph lbllehed and otherwise.:given in the manner requi ed.by Article )(11f of . the Charter; and WHEREAS, on June 12, 200f, the Ci Council commenced the duly rplbed pubic hearing upon ropoepl ewW die proposed Brent of a trencthiea to Francixaee to operas tehdcx�b aernce rthiMin the 0 of AnaheN» r iRi�i public, hear a wad gwUnusd,from tp ttie ara,1 d� ly�hs City C� on December 11, Rod at Po Iip�mFrw�rirrp e � did `o0mider any o—n%s to am d Pis n9 �Y MiNrbrl M Uw WHEREAS, the City Council he y oh oN objectiene to thej= grant of a franchise Ft nc iistto operate taxicab service within the of A lkni accordance with s and conditions and ions hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:' SECTION I. GRANMEIMANCHISE._ The City Council hereby grants a non-wAcluehre franchiM to Caboo, Irwdba California Yellow Cob for4lte operef cin of 50 taxicabs within the City of Anaheim, and for temporary petrnits for the rxprtaeposaional of seasonal operation up 30, additional tax Webs oil such, ie" and uponheft as spebMed in ttw Prropo 1. SECTION? - The terms and conditions u"pon whi;t� f anchise M and with which the Franchisee im required to PIy. era those certain Runs, , IUnitallorq, representations and expressly w6femlvaettifrd,atdit> rporated herein by Nile��qss if set lerlh in fail. TI0ealdreeeid dalliumenits are on fib, and W4%W for public action, In the Office of therCk% of t}p City of Arishethr during regular business hours. Upon timely acceptance hereof, the tern of this franchise shall be for a period of five (5) unle" ��minsted sr the terms of Chapter 4.78 of the Anaheim Municipal Code. Said franchise shell be exlendedAr additional after each of the *m flu of #wWrm tw►epfbY ft City Cow d upon request of ihe%Jl lrjOr prwids0the Council dsterrrlines that tfhia 1tMt> Mterelesd h a manner consistent with Cbeptar 4 the AnW*m daipal and witlt tire' ' _ cash f♦astrdxiae durinrgg��rsuucch one ((1) year pmfod. annual nshonsbsneq togte0irebtorofplanMngo(theCftyyof orfatearhar odzed �WR'. priorto, ran later�atrnhnnen th�daMridMrf 9Jetirperiod sitsltebDe daen»d a aejel irrrrrof Mdsufrenctlee shefl corraltenceiupon the tater of sr the eNacYwe date of or't�dd awe of this fsanchiae by the Franchisee aF�egtared uarht to Seetiorh 1409 V•. ..a The Franchisee shall Indprorilly, hold hannlose, release and defend the Ci, its Ci Council and MFH member thereof, and its officers, 61 lei, marnbers 81iiq representatives from and against any and all Nibliffy, claims. suits, ousts.1. 4� or penalties whatever, indisel tllalliet epAble Sys tehli0 of segtiy out of, or in any marhner co<rnaattill dFh, any, any waF anile orpernided under this franchise. CFCIION�4 .; The Frerahiaee shehy end rtheIntltllt M ftal force ant effect during the term of tihee francfhisr insurance in accordance with the set forth tri $etNpn 4.73.10 of Chapter 4.73 of the Anaheim. Cade. In the event of any Municipal Code, t prrn fir setforth 1 4.7733 sited prevail any provision of Chapter 4.73 of: the Anaheim SECTION -7 SFVFChiRll tlar _ - I of this ordInerae bF for amy -M be Mvadd or unenforceable by the final dff►hy court of ` �tMdttrtatitivpuldhavepassedadocherportbmrl` hpetentjugedctlortt`td, pendent o(ft tlhie'ordirhancs of11�+.aGe� porporh as tray be declared invalid_ The adop*n of tae shad not manner effect the prosecution for violations of oe�rtlnxs which to tNA hereof, NaFfNwa,�1► htions worry sl pr dMa ewrbe construed as a waNer of any or the. ;The of this ordinance, inaofa as !aa} S'is d ng e M dam" to the same subject maderrr, ft con as baaerowrients. THE NG jam, 8 ti ppWev Wand adppted by the City Council of the City of Arialteim this 15th day d r,. TOM DALY T:: _ MAYOR OF THE CRY OF ANAHEIM.ESMI)I)AVER CITY OlkAkAHEIM dha;ded dry 8. + . S: MA i<rUtg, Tait, McCracken, Daly � sAiMe •shat' '